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|    Message 239 of 461    |
|    Jeff Snyder to All    |
|    Religious Freedom vs The Law    |
|    31 Mar 11 16:54:00    |
      Following is a commentary -- not written by me -- which I thought some of       you might find interesting.              Religious freedom can't break law              Tom Krattenmaker - Pacific Daily News              March 31, 2011                     Does the religious freedom of a small, separatist faith-healing church trump       the rights of its members' children to live to adulthood?              The Oregon Legislature is finally saying "no" after the headline-grabbing       deaths of three children whose parents belong to the Followers of Christ       Church in Oregon City. These were children with treatable illnesses:       pneumonia, a blood infection, kidney blockage. They received prayers,       anointing, the laying on of hands -- but no doctors or medicine.              Even in famously tolerant Oregon, the deaths have proved to be too much for       an alarmed public and its representatives. In a move that will align Oregon       law with most other states, legislators are pushing ahead with a bill that       would remove religious conviction as a defense against homicide charges       faced by parents who shun medical care for their kids, even at death's       doorstep.              With no organized opposition stepping forward, the bill's passage into law       seems inevitable. And pass it should. But before the episode fades out of       the spotlight, it's worth pausing for a moment to learn what we can from a       case that has something valuable to teach about religious rights and their       inevitable limits.              What the case demonstrates, in ultrabold print, is that no conversation       about religious rights is complete without equal attention to       responsibilities -- responsibilities to the community that all religious       practitioners bear, and that the Oregon City church has failed miserably to       uphold.              The moral of this story is one that runs all through American religious       history, manifest in such instances as the Mormon church having to give up       polygamy or fundamentalist Bob Jones University ending its ban on       interracial dating on pain of losing its tax exemption.              Religious freedom is not the only right at stake in the crowded public       square. And a religion cannot reasonably expect the public and the law to       respect its idiosyncratic ways when it fails to live up to the community's       well-considered standards -- such as the idea that children should receive       basic medical care when their lives are at stake.              Wherever questions of faith and health venture into the public realm,       advocates for the Christian Science church are sure to follow. Unlike the       reclusive Followers of Christ, the Boston-based Christian Scientists have       long striven to engage the public through their widely circulating       publications and the public reading rooms they operate in numerous cities.       For decades, the church has promoted the spiritual dimensions of health and       lobbied for legal space for their practices to go forward without undue       burdens.              But there's a reasonableness about the Christian Science approach that       stands in stark contrast to the Followers of Christ; doctors and medicine       are options when worse comes to worst.              From that proceeds the Christian Scientist position on the Oregon case --       one that has changed, tellingly, after the series of deaths among Followers       of Christ children since 2008. The Christian Scientists had gone to bat for       the Followers when they faced legislative threats in the past, but this time       they are standing down.              A broader problem with the national discourse over religion is the degree to       which rights have become an obsession, with far too little said about the       responsibilities that have to be an equal part of any serious conversation       about religion's place and prerogatives.              Responsibility is essentially what the Oregon Legislature is imposing on the       Followers of Christ. Whereas the Followers had previously enjoyed protection       from manslaughter prosecution in cases where children died for lack of       medical care, the new law means parents can no longer invoke religious       freedom in their defense. Attempts to heal children spiritually -- however       sincere the belief it will work -- will no longer be enough in the eyes of       the law.              Couldn't this be seen as an assault on the Followers' constitutionally       protected freedom of religion? A cursory glance might suggest "yes," but a       more complex view of the situation, and of long-standing Supreme Court       jurisprudence, leads to this realization: While freedom of religious belief       is absolute, the acting out of said freedom is not -- and, in truth, cannot       be if a pluralistic society is going to avoid chaos.              The legal distinction between religious belief and action dates to the       Mormon polygamy cases of the 19th century, explains Steven Green, a law       professor and director of Willamette University's Center for Religion, Law       and Democracy. If you've taken a religious history class, you might know the       story: The continued practice of polygamy -- then held by Mormons as crucial       to their eternal salvation -- stood at the center of a fierce conflict       between the Mormon church and U.S. government in the latter decades of the       1800s, effectively blocking Utah from statehood and forcing prominent       Mormons into hiding or prison. Via the Great Accommodation of 1890, the       church surrendered polygamy, paving the way to Utah statehood and the       broader acceptance of Mormonism into the mainstream of American life.              In an 1878 decision on the Mormons and polygamy, the Supreme Court held--       much like Oregon's Legislature today -- that religious freedom could not       justify (otherwise) criminal activity. If it could, the court reasoned, what       would stop a church from practicing human sacrifice?              Therein lies important practical wisdom that's worth remembering the next       time you hear people shouting indignantly about their rights with little       regard for the consequences faced by their fellow citizens of other       persuasions -- whether it's a pharmacy employee's "right" to refuse selling       legal contraceptives or an ardent secularist's "right" to be free of any       exposure to religious expression in public (as in the case of those who       would forbid mention of the G-word in the Pledge of Allegiance).              The freedom to believe as one chooses is crucial to the American way, and       belief has little meaning if it cannot be acted upon. Even so, as the       Followers of Christ are learning the hard way, the right to practice       religion must have its limits. Especially when the consequences are life or       death for those with no choice in the matter.                     Tom Krattenmaker is a Portland-based writer specializing in religion in       public life and a member of USA TODAY's Board of Contributors. He is the       author of the award-winning book "Onward Christian Athletes."                                   Jeff Snyder, SysOp - Armageddon BBS Visit us at endtimeprophecy.org port 23       ----------------------------------------------------------------------------       Your Download Center 4 Mac BBS Software & Christian Files. We Use Hermes II                     --- Hermes Web Tosser 1.1        * Origin: Armageddon BBS -- Guam, Mariana Islands (1:345/3777.0)    |
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